TERMS OF SERVICE AGREEMENT
Revised December 12, 2008
Effective 1/03/2002

1A. TERMS OF SERVICE AGREEMENT

1.1. By opening an account with Pacific Northwest Web Solutions you agree to follow these guidelines accordingly.

1.2. Please read as states below.

1.3 This also includes any WHM Reseller Accounts opened on Any Server attached with/to Pacific Northwest Web Solutions .

1B. Virtual DataCenters

1.4. Any and all Virtual Datacenters will require proper Identification in order to setup the datacenter. We will require the following identification and documentation:

Driver's Licese (Front and Back copy) Required
Passport (if available)
Business Documentation and/or UBI Number with EIN (if applicable)
Current Bank Statement with proper name (Account # can be crossed out) Required

If paying by Credit Card:
Front and Back Clear copy of Credit Card and Cardholders Identification

1.5. All Virtual Datacenters will also be required to sign a document stating that they are purchasing the Datacenter and that they agree to the Terms of this Agreement. Furthermore, you agree to not dispute the charges for the datacenter for any reason.

2. Payments and Invoicing 

2.1. Credit Card Customers (Google Checkout/PayPal/AlertPay) shall pay monthly, quarterly, semi-annually, annually, and bi-annually in advance for our service according to our current published rates Hosting Plans and as may be amended during the term of this agreement. You agree that failure to pay such charges is grounds for termination of all your services and you waive your rights to any Chargebacks/Disputes. Pacific Northwest Web Solutions will NOT change YOUR hosting rate.

2.2. Delinquent Accounts; Pacific Northwest Web Solutions may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information within 14 days.

2.3. Accounts may go into default on the 31st day of the billing cycle, if not paid by Invoice Due Date, excluding Extended Contracts (ie: Quarterly, Bi-Annually, Annually). If account does go into default your site will be suspended until payment information is updated. If by the 14th day after suspension the payment information is NOT updated, we will terminate your services and you will lose any/all data.

2.4. With the new payment processors: E-Gold, MoneyBookers, AlertPay, CashU. We will not tolerate or participate in any money laundering or pyramid schemes. By paying with one of these processors you will waive any/all rights to any disputes, guarantees, and any rights whatsoever as these are non-refundable payment methods.

2.5. By paying for the services with an anonymous payment processor, you agree to not use or take advantage of the "Untraceable" and "Untrackable" account by creating a Child Pornography ring. We will not allow this to occur! If our system finds anything pertaining to Child Pornography or "Child dot Rape" we will terminate your account and turn over any/all information we have on the account.

2.6. Our system uses an advanced scanning system and software known as "Encase" it is a special Computer Forensics tool which helps identify illegal pornographic images. Further it scans for any violations of our Terms of Service.

3. Cancellation 

Customer reserves the right to cancel account at any time. Customer will not receive any refunds excluding any over charges. All sales are final. Customer agrees that no refunds will be given in the event that the Customer’s account is terminated by Pacific Northwest Web Solutions , or Customer for any reason.

Furthermore, Customer agrees that no refunds will be granted for cancellations by Pacific Northwest Web Solutions due to Customer spamming, or other violations of this agreement by Customer. Customer agrees to provide 24 hour notice prior to next credit card billing and all cancellations must be cancelled by logging into the Client Management Area (CMA).

The account username, password and order # must be included for verification. 

4. Responsibilities of Pacific Northwest Web Solutions  

4.1. Pacific Northwest Web Solutions shall provide Customer with Web Hosting Service as set forth in Hosting Plans. Pacific Northwest Web Solutions shall perform its services to the best of Pacific Northwest Web Solutions ability. 

4.2. Pacific Northwest Web Solutions reserves the right to refuse service to anyone at any time. If Pacific Northwest Web Solutions should initiate termination of services with you, Pacific Northwest Web Solutions shall provide sufficient notice to you in order to allow you to download your files. Should Pacific Northwest Web Solutions initiate termination for any violations of this service agreement or server abuse, customers lose all rights to download any stored files on the Pacific Northwest Web Solutions servers.

5. Responsibilities of the Customer 

Customer shall be solely responsible for all content available on or through its site hosted by Pacific Northwest Web Solutions , and shall at all times be subject to the terms of this Agreement.

5.1. Customer agrees not to use the Pacific Northwest Web Solutions service in any manner that is illegal or libelous.

5.2. Customer warrants that its site hosted with Pacific Northwest Web Solutions will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. Pacific Northwest Web Solutions shall have no obligations with respect to the content available on or through any site hosted on the Pacific Northwest Web Solutions , including, but not limited to, any duty to review or monitor any such content. Pacific Northwest Web Solutions reserves the right to block any site that violates any of the above-stated terms, or which in Pacific Northwest Web Solutions sole discretion, Pacific Northwest Web Solutions deems objectionable or offensive, or otherwise violates a law or Pacific Northwest Web Solutions policy. 

5.3. Third-party software available though Pacific Northwest Web Solutions , CPanel, and Fantastico may be governed by separate end user license agreements (EULA). You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them. 

5.4. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING), using more then a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either Pacific Northwest Web Solutions or other organization systems and computers, or having a website which violates any Federal Laws. Customer's whose accounts are found in violation of this policy may, at the discretion of Pacific Northwest Web Solutions , have their account(s) terminated without notice and be subject to a $500 cleanup fee at the discretion of Pacific Northwest Web Solutions .

5.5 Metered bandwidth constitutes; that Pacific Northwest Web Solutions will limit or throttle bandwidth to any customer’s site that are using more than their allotted limit.

5.6 Your Web Pages may NOT contain, nor contain links to, any of the following listed below:

• *Child pornography, obscene material, bestiality and pictures that you don't have the right to publish.* SUBJECT TO IMMEDIATE TERMINATION AND REPORT TO FBI/NCMEC (National Center for Missing and Exploited Children)
• Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes
• Material that exploits children
• WMD Creations
• Phishing Attempts
• 419 Letters
• 419 Servers
• Spamming

Children/Child Defined as a Juvenile under the Legal age of whichever jurisdiction you reside in.
Minimum Age is 18 in USA
Minimum Age is 16 in Russia
Minimum Age is 16 in Eastern European Countries

Our system scans ALL pages for illegal material and forwards on to authorities.

All sites on Pacific Northwest Web Solutions servers have full speed access to a dedicated port. High bandwidth sites with heavy scripting may violate section 5.4 and or section 6.1 of this agreement, therefore the customer must make sure the CPU and or MEMORY usage on their site is not deemed excessive. 

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use. 

6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Pacific Northwest Web Solutions . This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs excluding "Ethical Hacking". Websites of this nature are considered non-professional and are not welcome.

Customer's whose accounts are found in violation of this policy may, at the discretion of Pacific Northwest Web Solutions , have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50 which will be added to your bill.

Additionally, Pacific Northwest Web Solutions may contact the Software Piracy Association ("SPA") and other regulatory bodies such as FBI, Interpol and other Governmental organizations and release any information in connection with any illegal activities relating to software piracy, Illegal pornographically explicit sites, etc.... are NOT TOLERATED on any customer sites and the content will be removed by Pacific Northwest Web Solutions administrators, the customer will not be entitled to any compensation or recourse and will be asked to stop publishing such material, compliance will lead to cancellation of customers account. 

6.3 Pacific Northwest Web Solutions does not allow any ILLEGAL pornographic sites. Any customer/client who has an ILLEGAL pornographic site will be reported to the FBI and any other government agency in this case no refund will be issued and ALL rights will be removed. 

7. Warranties and Indemnification 

7.1. IN NO EVENT WILL Pacific Northwest Web Solutions 's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO Pacific Northwest Web Solutions HEREUNDER. IN NO EVENT WILL Pacific Northwest Web Solutions BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL Pacific Northwest Web Solutions BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7.2. DISCLAIMERS Pacific Northwest Web Solutions MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF Pacific Northwest Web Solutions , INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES Pacific Northwest Web Solutions MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Pacific Northwest Web Solutions SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED "AS IS".

7.3. YOU AGREE TO USE ALL OF THE Pacific Northwest Web Solutions 's SERVICES AT YOUR OWN RISK. IN NO EVENT SHALL Pacific Northwest Web Solutions BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY (private or public). 

8. Term and Termination 

8.1. This agreement is effective when you accept Pacific Northwest Web Solutions 's Service and continues until terminated by either party. 

8.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party however Pacific Northwest Web Solutions may terminate the Agreement immediately if any of the terms of this contract are not met. 

9. Government of this Agreement 

You agree that the Laws of the State of Washington govern Pacific Northwest Web Solutions ’s services. You agree that the state of Washington in which Pacific Northwest Web Solutions is located shall be the location for any legal action relating to our services. 

Pacific Northwest Web Solutions can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless Pacific Northwest Web Solutions agrees to it in writing.